Hong Kong Time

The presentation will cover:

1. Use of offshore vehicles for IPO
2. Typical structure for Pre-IPO and IPO 
3. Economic Substance consideraton
4. A summary of the last decade of significant regulatory reform for offshore funds
5. Reasons for the continued dominance of Cayman 
6. A discussion of some resurgent roles for the BVI 
7. A discussion of the evolution of offshore fund structures in Asia 
8. A discussion of the regime for digital asset funds, and some specific issues for this asset class

SPEAKERS

Marc Parrott

Partner, Appleby

Marc Parrott is a Partner in the Corporate Department of Appleby’s Hong Kong office, leading the Investment Funds practice. He specialises in advising all types of Cayman Islands, Bermuda and British Virgin Islands investment funds and their managers, with particular emphasis on private equity, venture capital and hedge funds. His clients include international and Asian financial institutions, listed and private asset management companies, and leading onshore law firms. He regularly advises in respect of fund formation, restructuring, and ongoing operational matters. He also advises institutional and high-net worth investors in relation to making investments into Cayman Islands, Bermuda and British Virgin Islands fund structures. 

Marc has over 20 years of offshore and onshore experience, including having lived and practised in the Cayman Islands for approximately 8 years prior to relocating to Hong Kong in 2014. Prior to moving offshore, Marc obtained top-tier international transactional experience having practised in Australia with Freehills (now Herbert Smith Freehills), and in London with Linklaters.

Marc was admitted as a solicitor of each of the Supreme Court of Victoria, Australia and the Supreme Court of New South Wales, Australia in 1999 (non-practising). He was admitted as a solicitor of the Supreme Court of England and Wales in 2003 (non-practising). He was first admitted as an Attorney-at-Law in the Cayman Islands in 2003 and most recently was admitted in the British Virgin Islands in 2016.

Marc has spoken, and participated in panel discussions at numerous fund industry conferences, including events organised by AIMA, HFM and the HKVCA. He has been involved in the China Working Group established by Cayman Finance, the body that represents the interests of the Cayman Islands financial industry overseas. Marc is also a member of The Law Society of England & Wales.

Vincent Chan

Partner, Appleby

Vincent Chan is Partner in the Corporate department of Appleby´s Hong Kong office. He has nearly 15 years of offshore law experience specialising in IPO/equity and debt capital markets, public & private mergers & acquisitions, privatizations and private equity. Clients include Bermuda, British Virgin Islands (BVI) and Cayman Islands companies listed on stock exchanges in Hong Kong, Singapore, Taiwan, New York, NASDAQ and London, as well as private companies, banks, financial institutions and asset management firms.

Vincent has also been a full member of The Society of Trust and Estate Practitioners (TEP) since 2013 and is currently on the STEP HK branch executive committee. He assists clients in setting up family, employee benefit and commercial/orphan trusts, providing relevant advice to listed and start-up companies, high net worth individuals, family offices and trustees.

Vincent has been selected as one of the region’s 10 most notable offshore lawyers in the Asian Legal Business’ Offshore Client Choice List in 2020-22 and was ranked in the 2019 Asian Legal Business’ “top 40 under 40” list which highlights “outstanding legal professionals in the region”. He has been widely recognized by legal directories, with IFLR 1000 2019-22 noting him as a “Notable Practitioner” and with Legal 500 (Asia Pacific) noting him as “very impressive” and a “key equity capital markets practitioner” who also “handles a significant number of M&A mandates”, with “ability to provide timely and practical Cayman law advice”.

EVENT DETAILS:

Date: Thursday, 13th October 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

ACC Hong Kong Summer Junk Trip

Join us to catch up with friends and contacts whilst enjoying an informal BBQ and drinks on board.

Thursday, 13 October 2022

6:45 pm – 10:30 pm

Junk will depart from and return to Pier 9, Central

Spaces are limited so please respond early to avoid disappointment. 

We look forward to seeing you there!

ACC Hong Kong thanks our sponsor:

Dear ACC Members,

The Epiq team in Hong Kong would like to invite you, as an ACC member, for an evening of cocktails and canapes at The China Club. Please note that the registration for this event is on a "first come, first served" basis as spaces are limited. 

The details are as follows:

Date: Friday, 23 September 2022

Time: 7:00 pm – 12 midnight

Location: The Library, The China Club, Old Bank of China Building, 15/F, Bank Street, Central, Hong Kong.

Please go to the main lobby on the 13/F prior to going to The Library on the 15/F as no elevators go directly to the 15/F.

Dress code: Business Attire

Please note: According to the current COVID social distancing restriction law, all the guests must conduct the RAT test on the day of the event and present the test kit or photo with his/her name and test date at the reception prior to entering the venue.

Kind Regards,

ACC Executive Committee

Jointly organised by ACC and eBRAM International Online Dispute Resolution Centre Limited ("eBRAM"), this webinar aims to delineate the impact of the new digital norm on the development of legal profession, especially in-house counsels. In this webinar, Ms Pui-Ki Emmanuelle Ta, CEO of eBRAM, will share how the use of advanced technologies for dispute avoidance and cross-border dispute resolution has become the key to regional business development, as well as how it helps enhancing work efficiency for legal practitioners, especially in multinational and sizable corporations.

Founded in 2018, eBRAM, a not-for-profit LawTech company and Online Dispute Resolution (“ODR”) Institution in Hong Kong, tasks itself to promote online arbitration and online mediation services to meet the rapidly expanding demand for ODR across the borders by utilising innovative technologies. Envisioned a rising demand in cross-border deal-making services, eBRAM is building a one-stop-shop platform to enable cross-border transactions and at the same promote dispute avoidance.

Ms Pui-Ki Emmanuelle Ta

CEO, eBRAM

Ms Ta is currently the Chief Executive Officer of eBRAM International Online Dispute Resolution Centre Limited. With over 15 years of experience in international arbitration and case management, she has supervised hundreds of international arbitration cases in a wide range of jurisdictions and economic sectors.

As Counsel of the Secretariat of the International Court of Arbitration of the ICC, Asia Office in Hong Kong (2016-2021), she was responsible for managing the Hong Kong team, including administration of Asia-related arbitration cases. She is qualified to practice at the Paris bar.

EVENT DETAILS:

Date: Thursday, 6th October, 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

How can you make the most of your in-house career?

What is the best way to ensure continuous development and progression?

Join our esteemed panel as they discuss the best way to “turbo-charge your in-house career” and what pitfalls to avoid along the way.

Ben Cooper

Managing Partner, Ashford Benjamin

Ben is a Barrister of England & Wales (Middle Temple) and previously practised employment law in London, before moving into executive search. He is the founder of Ashford Benjamin Legal Search, which includes the largest specialist legal search team in Hong Kong. He has placed over 200 lawyers into in-house roles over a 16 year career, including over 12 years in Hong Kong. Ben has been a mentor for Women in Law HK, is a Board Director for the migrant support charity ReAct, and sits on the Seminar Committee for the ACC.

Giselle Bates

Group General Counsel, APAC, Allegis Group

Giselle Bates is Group General Counsel – APAC for Allegis Group – a consulting services, contract and permanent recruitment firm.  At Allegis, Giselle leads a legal and company secretarial team spread across, Hong Kong, mainland China, Singapore, Australia and India.  Most of Giselle’s career has been spent in-house and her practice has focused on commercial contracts, mergers and acquisitions, employment, litigation, and compliance including investigations and regulatory matters.  Prior to moving in-house Giselle’s private practice career was spent at Minter Ellison and Ashurst in the real estate and corporate teams. Giselle has an LLB (Hons) and BA (Japanese) from Monash University. 

Shuy Yao Khoon

Head of Equities Legal Team, APAC, J.P. Morgan

Shuy heads up the APAC Equities Legal team in J.P. Morgan, which supports the cash equities, derivatives & structured products and prime brokerage businesses in APAC.  Prior to joining J.P. Morgan, Shuy was a Senior Associate in Clifford Chance’s Derivatives & Structured Products practice in Hong Kong.  Shuy did his training contract in Clifford Chance London and has worked in their London, Tokyo, Beijing and Hong Kong offices. Shuy has a Laws LLB (Hons) degree from Kings College London.

Jing Xu

Sole Counsel APAC, Marshall Wace

Jing is the Sole Counsel APAC at Marshall Wace, a leading provider of alternative investment solutions with over US$60 billion under management. Prior to joining Marshall Wace, Jing was a Corporate Attorney at Citadel covering both Citadel and Citadel Securities. Previously, Jing was an Assistant General Counsel at JPMorgan and an Associate at Nomura. Jing has a Juris Doctor and a Master of Finance from the University of New South Wales and a B.Sc in Business Administration from Boston University.  

EVENT DETAILS:

Date: Wednesday, 28 September 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

Edwin Northover

Partner, Debevoise & Plimpton

Edwin Northover is a partner at Debevoise & Plimpton and heads its Asian insurance practice. He has a broad cross-border corporate practice, with a particular focus on mergers & acquisitions, joint ventures and distribution agreements in the insurance industry.

Mr. Northover graduated with a Double First Class Honours degree in Modern History from Merton College, University of Oxford. He went on to study at BPP Law School, London. Mr. Northover is admitted to practise as a solicitor in Hong Kong and England & Wales.

Jan Buschmann

International Counsel, Debevoise & Plimpton

Jan Buschmann is an international counsel at Debevoise & Plimpton. His practice focuses on insurance transactions and regulation in Hong Kong and the wider Asia region. He also has particular expertise in complex reinsurance arrangements and regulatory capital issues.

Mr. Buschmann holds law degrees from the University of Cologne, the University of Paris I (Panthéon-Sorbonne) and the University of London, as well as a doctorate in law from the University of Bonn.

Mr. Buschmann is admitted to practise as a solicitor in Hong Kong and England & Wales.

EVENT DETAILS:

Date: Tuesday, 20 September 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

A new listing regime for special purpose acquisition companies (SPACs) has taken effect on 1 January 2022. Furthermore, the Board of the Hong Kong Stock Exchange and the Securities and Futures Commission have recently approved an amendment to Chapter 17 of the Listing Rules concerning share schemes which will become effective on 1 January 2023.  To give in-house counsels an overview of the new listing regime for SPACs and the Chapter 17 amendment, Partner Mr. Felix Miao and Counsel Ms. Jenny Li, two seasoned legal practitioners from Miao & Co (in association with Han Kun Law Offices), are hosting a seminar. On the SPAC side, the seminar will cover some technicalities of SPAC listing and de-SPAC transactions, as well as walk the attendees through a case study of Hong Kong SPAC application. On the Chapter 17 amendment side, the seminar will cover the major changes introduced by the amendment and the transitional arrangements in place. In-house counsels wishing to keep abreast of the latest legal developments are most welcomed to attend the seminar.

SPEAKERS:

Felix Miao

Mr. Miao has advised on numerous equity and debt capital market transactions involving Chinese and Hong Kong corporate issuers and international underwriters, including global offerings and listings and bond offerings on the Hong Kong Stock Exchange, initial public offerings and secondary offerings registered with the U.S. Securities and Exchange Commission, and rights issues and share placements. Mr. Miao has professional expertise and practical experiences in licence applications for carrying out multiple regulated activities with the Securities and Futures Commission of Hong Kong, the Hong Kong Monetary Authority, the Hong Kong Insurance Authority and other regulatory institutions, as well as the acquisition of target companies which hold licences for carrying out multiple regulated activities. In addition, Mr. Miao is a corporate finance specialist recognized by the Hong Kong Securities Institute and is also a member of the Hong Kong Institute of Directors and the Hong Kong Securities Association.

Jenny Li

Ms. Li is experienced in the fields of corporate finance. She represents issuers and underwriters in Hong Kong IPOs covering a wide spectrum of industries, including retail, property management, fintech, manufacturing and shipping. She advises Hong Kong, PRC and multinational clients on their mergers and acquisitions, reorganizations and takeovers. Ms. Li also gives advice to Hong Kong public companies on corporate governance and regulatory compliance matters. Ms. Li was admitted as a solicitor in Hong Kong in 2014 and has passed the National Judicial Examination (PRC Bar Examination) in 2008.

EVENT DETAILS:

Date: Tuesday, 6 September, 2022

Time: 12:30 pm to 1:00 pm- Registration & Light Refreshments, 1:00 pm to 2:00 pm - Presentation by Han Kun Law Lawyers

Location: Lounge, Level 19, Two Chinachem Central, No. 26 Des Voeux Road, Central, Hong Kong.

CPD Points: CPD points have been applied. 

On the back of a bullish cryptocurrency market, and with the promise of a future dominated by non-fungible tokens, Web 3.0 and the metaverse  - many businesses, investors, entrepreneurs and enthusiasts have dived headfirst into these emerging areas.

Amidst the hype and the news – what legal issues are arising from these areas? In this webinar, we will cover some of these issues – including:

• What are the use cases for NFTs, Web 3.0 and the metaverse and who is getting involved?
• Who are the key stakeholders to projects in these areas?
• What are the key intellectual property and commercial agreement issues in these areas?
• What other legal issues are arising?
• What's next?

SPEAKERS:

Hoi Tak Leung

Hoi is counsel in Ashurst's Digital Economy practice, based in Hong Kong and working across Asia. He has a wealth of experience on technology and IP-related matters across Asia. He has advised a broad spectrum of clients from international corporations to startups, spanning from TMT to other sectors such as financial services, insurance, entertainment, education and retail.

Hoi’s practice includes advising on:

• Transaction structuring, contract drafting and negotiations – including outsourcing, procurement, supply and distribution arrangements; technology, intellectual property and content licensing, use and development; launch/expansion of B2B and B2C  technology services; cloud computing, data centre and telecommunications/network infrastructure projects; and BAU commercial agreements.
• TMT/IP/data-focused M&As, JVs and other corporate transactions.
• TMT-related issues – including fintech, open data, virtual banking, NFTs and digital assets; cybersecurity; data privacy and big data arrangements; and emerging technologies and businesses (e.g. blockchain, smart contracts, facial recognition, AI and e-sports).

Hoi works closely with the Ashurst Advance team – with a particular interest in bringing to clients legal service innovation in technology (including automation of legal tasks and smart contracts-related developments), processes and resources. He writes frequently, and is regularly quoted by the media, on technology law-related topics.

Hoi has been named by Legal 500 as a Rising Star lawyer, and by Chambers Asia Pacific as a Recognised Practitioner in technology law.

EVENT DETAILS:

Date: Tuesday, 30 August 2022

Time: 1:00 pm to 2:00pm

Location: Zoom - Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

The webinar will explain the new deal on legal costs in arbitration for Hong Kong, the rationale behind the reform, and the flexibility this provides for both clients and their lawyers in whether and how to pursue, and more importantly, finance meritorious claims through arbitration. Two of the speakers, Kathryn and Briana, are co-chairs of the Law Reform Commission sub-committee, set up to consider whether reform was needed in this area.  They are considered thought leaders in this area, and are well-placed to speak to this topic.  Tomas is based in Singapore, and is leading the discussion behind similar changes in Singapore. He will speak to Singapore's regime, and contrast Singapore and Hong Kong with other globally-recognised disputes hubs.  The discussion will also look at pricing and risk more generally, and different ways to structure and price the legal costs of arbitration.  This is a trending topic in the region, and in-house counsel will be expected to be on top of current events. We look forward to the discussion.

SPEAKERS:

Kathryn Sanger

Partner, HSF

Kathryn advises clients on complex international arbitration proceedings in Asia Pacific. Based in Hong Kong, she has over 20 years' experience of advising clients on arbitration and litigation proceedings in Asia Pacific across a wide range of industries and locations, with particular strengths in financial services, M&A, energy and in China-related matters. Her arbitration skills and reputation in China matters are enhanced by her ability to speak and read Mandarin Chinese.  She was a Council Member of the Hong Kong International Arbitration Centre (HKIAC) between 2008 and 2019.  Between 2013 and 2018, Kathryn chaired the HKIAC appointments committee, and she has also served on its rules and proceedings committee, and was a member of its rules drafting committees.  Until December 2021, Kathryn also served on the HKIAC's finance and administration committee. Kathryn has been appointed to co-chair a new sub-committee of the Hong Kong Law Reform Commission on outcome-related fees for arbitration, and she is a member of the Hong Kong Third Party Funding Advisory Board.  Kathryn also sits regularly as an arbitrator, is listed on the HKIAC's Panel of Arbitrators, and is a member of the Users Council of the Singapore International Arbitration Centre.  She is admitted to practice in Hong Kong, and in England and Wales, and has a diploma in PRC law.

Tomas Furlong

Partner, HSF

Tomas is a partner in our Southeast Asia disputes practice.  He has a broad commercial practice covering arbitration and cross-border litigation, with a focus on the energy and TMT sectors.  He has recent experience of commercial fraud, joint venture, contract and investment treaty claims. Tomas acts as counsel (advocate) and arbitrator and has experience of matters under the SIAC, HKIAC, ICC, LCIA, ICSID and CIETAC arbitration rules.  Tomas speaks regularly on conditional and contingency fee arrangements and third-party funding in Asia.  He co-leads a global project to help our clients by leveraging our data and insight as a firm to predict outcomes and costs in disputes.  This experience also allows us to offer bespoke pricing and increases our ability to take risk on the outcome of disputes. “Tomas Furlong garners praise as ‘a measured and persuasive advocate’ who is ‘in the detail and extremely diligent’” (Who’s Who Legal, Arbitration Future Leaders 2022). “Tomas Furlong is experienced in the TMT and energy sectors as well as disputes relating to private equity and sovereign fund investments” (Legal 500 2022, Singapore International Arbitration, Next Generation Partner and Tier 1 practice).

Briana Young

Foreign Legal Consultant, HSF

Briana has almost 20 years' experience in international arbitration, first as counsel and now as a foreign legal consultant and professional support consultant in Herbert Smith Freehills' Greater China international arbitration team. She is also an experienced tribunal secretary, and sits as arbitrator. Briana is a senior member of the Herbert Smith Freehills team and an expert in international arbitration law and procedure. She speaks and teaches on a range of arbitration topics, as well as writing articles, legal briefings and other publications. Briana is Vice Chair of the Hong Kong International Arbitration Centre, Chair of the HKIAC Proceedings Committee, and a member of the committee responsible for drafting the HKIAC Administered Arbitration Rules 2013 and 2018. She is on the Editorial Boards of Practical Law and Practical Law China. Briana co-chairs the Hong Kong Law Reform Commission's sub-committee on outcome-related fee structures in arbitration. She also co-chaired HKIAC’s Task Force on Third Party Funding in Arbitration, and writes and speaks frequently on arbitration funding.

Please join us for the presentation with experts from Shearman & Sterling, Asia Regional Managing Partner and Head of Greater China Lorna Chen, Capital Markets Partner Wanda Woo and Counsel Hae-Ran Song, and Investment Funds Counsel Anil Motwani to provide their insights on the following key topics:

• US SEC and HK SFC regulatory attention to:

o  How ESG factors are integrated into the investment process of a fund manager and how this is disclosed;

o The allocation of ESG-related expenses; and

o The standardization of terminology and metrics and the use of third-party ESG scoring providers

• ESG regulatory developments from the perspectives of the HK Stock Exchange and, by analogy, the US stock markets

• Expected course of regulatory approaches in other jurisdictions (EU/UK and Singapore) and expected response by industry participants

SPEAKERS:

Lorna Chen

Asia Regional Managing Partner and Head of Greater China, Shearman & Sterling

Apart from serving as regional leader, Lorna Chen is also a member of the firm’s Executive Group. Lorna founded and leads our asset management and investment funds practice in Asia. Lorna has 25 years of experience across the United States, Europe and Asia in the corporate law area, including 20 years in the investment funds and private equity field. She advises clients in the structuring, restructuring, formation and operation of alternative investment products, including private equity funds, venture capital funds, hedge funds, real estate funds, funds of funds, project funds and co-investment structures. She has extensive experience in cross-border transactions representing top global institutional clients such as the world's major sovereign wealth funds, wealth management platforms, commercial and policy banks, insurance companies, as well as family offices and start-up companies. Lorna is a frequent speaker at major regional conferences and is regularly interviewed by the financial media in Asia. She has also been consistently rated a leading lawyer by various independent ranking publications. 

Wanda Woo

Partner, Capital Markets, Shearman & Sterling

Wanda Woo is a partner in the Capital Markets practice and focuses on Hong Kong capital markets transactions, including initial public offerings, share placings, rights offerings, bond offerings, and other corporate compliance work associated with the Stock Exchange of Hong Kong and the Hong Kong Securities and Futures Commission. Wanda has extensive experience advising issuers and underwriters in these transactions, counseling clients on HKSE listing rules, and working with top-tier investment banks. 

Hae-Ran Song

Counsel, Capital Markets, Shearman & Sterling 

Hae-Ran Song is a counsel in Capital Markets practice. She has represented both issuers and underwriters in a wide range of corporate finance transactions. Her experience includes public and private U.S. and international offerings of common stock, high yield debt, investment-grade debt and convertible bonds and initial public offerings, and also advises various corporate clients on the U.S. federal securities laws and general corporate matters. Hae-Ran represents corporate and financial institution clients including CK Hutchison Holdings Limited, Greenko Group, Citigroup, Credit Suisse, Morgan Stanley, HSBC, Barclays and Standard Chartered Bank.

Anil Motwani

Counsel, Investment Funds, Shearman & Sterling

Anil Motwani is a counsel in the Investment Funds practice and focuses on advising Asia-based sponsors on the formation and operation of private funds, including private equity funds, venture capital funds, real estate funds, as well as hedge funds. He is experienced in structuring funds that invest across China, India and other Asian markets, as well as globally. He has represented institutional investors in their global alternative investments, including sovereign wealth funds, family offices and the alternative investment arms of major banks. Anil is a Chartered Financial Analyst (CFA).

EVENT DETAILS:

Date: Thursday, 11 August 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes.